About a year and a half ago my soon-to-be ex left my home, taking the children with her. I decided to move out into an apartment. As my earnings were low, I claimed Housing Benefit for the new apartment which was on an assured shorthold tenancy agreement. My eldest son from my first marriage, moved into my old home with his girlfriend.

Two weeks into moving into the apartment, my kids were brought to me by my ex because she "couldn't cope" I began my application to court for their custody, which I ultimately secured on a 24/7 basis.

However, when they were returned, I managed to get my eldest son to move out of my original home after about 6 weeks and we moved back in.

I have recently told the housing benefit of these circumstances and they have just decided that as I didn't live in the apartment for the whole period of my claim, I owe them the benefit back.

I ­base­d my claim on the length of time I was paying rental for the apartment, which was 6 weeks more than i actually stayed there for.

How do I get through to the benefit dept that I needed the benefit to help pay for the whole period?

Interestingly, had I not have fought for my kids and managed to find a decent home for them, the housing benefit people wouldn't have made this decision.

Hi, sorry I cant answer your query directly, as housing benefit is not something I know chapter and verse. However, from what I do know, my advice to you would be to appeal any decision made by HB, youre not happy with. This includes any overpayment decision you may have been issued with.
In my experience an Independant Tribunal will often listen to common sense arguements...if you turn up in person and explain your reasoning. This often results in decisions being overturned, which may have been made legitamately, in accordance to usual procedures.

The CAB should provide you with further advice should you wish to progress the issue.

Regards

SG